THE 
RUSSIAN 
LAND  LAW 


EFFECTIVE 
SEPTEMBER,  1918 


Reprinted  from 

The  Nation 

of 
January  25,   1919 


5  Cents  a  Copy 


The  Russian  Land  Law 

THE  following  "Fundamental  Law  of  Socialization  of 
the  Land  in  Russia"  went  into  effect  in  September,  1918, 
replacing  the  earlier  and  briefer  Land  Decree  of  November 
7,  1917. 

DIVISION  I. 

General  Provisions. 

ARTICLE  1.  All  property  rights  in  the  land,  treasures  of  the 
earth,  waters,  forests,  and  fundamental  natural  resources  with- 
in the  boundaries  of  the  Russian  Federated  Soviet  Republic  are 
abolished. 

ARTICLE  2.  The  land  passes  over  to  the  use  of  the  entire 
laboring  population  without  any  compensation,  open  or  secret, 
to  the  former  owners. 

ARTICLE  3.  The  right  to  use  the  land  belongs  to  those  who 
till  it  by  their  own  labor,  with  the  exception  of  special  cases 
covered  by  this  decree. 

ARTICLE  4.  The  right  to  use  the  land  cannot  be  limited  by 
sex,  religion,  nationality,  or  foreign  citizenship. 

ARTICLE  5.  The  sub-surface  deposits,  the  forests,  waters,  and 
fundamental  natural  resources  are  at  the  disposition  (according 
to  their  character)  of  the  county,  provincial,  regional,  and 
Federal  Soviet  powers  and  are  under  the  control  of  the  latter. 
The  method  of  disposition  and  utilization  of  the  sub-surface  de- 
posits, waters,  and  fundamental  natural  resources  will  be  dealt 
with  by  a  special  decree. 

ARTICLE  6.  All  private  live  stock  and  inventoried  property 
of  non-laboring  homesteads  pass  over  without  indemnification  to 
the  disposition  (in  accordance  with  their  character)  of  the  land 
departments  of  the  county,  provincial,  regional,  and  Federal 
Soviets. 

ARTICLE  7.  All  homestead  constructions  mentioned  in  Article 
6,  as  well  as  all  agricultural  appurtenances,  pass  over  to  the 


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disposition  (in  accordance  with  their  character)  of  the  county, 
provincial,  regional,  and  Federal  Soviets  without  indemnifi- 
cation. 

ARTICLE  8.  All  persons  who  are  unable  to  work  and  who  will 
be  deprived  of  all  means  of  subsistence  by  force  of  the  decree 
socializing  all  lands,  forests,  inventoried  property,  etc.,  may 
receive  a  pension  (for  a  lifetime  or  until  the  person  becomes  of 
age),  upon  the  certification  of  the  local  courts  and  the  land 
departments  of  the  Soviet  power,  such  as  a  soldier  receives, 
until  such  time  as  the  decree  for  the  insurance  of  the  incapaci- 
tated is  issued. 

ARTICLE  9.  The  apportionment  of  lands  of  agricultural  value 
among  the  laboring  people  is  under  the  jurisdiction  of  the 
Volostnoi  [several  villages],  county,  provincial,  main,  and  Fed- 
eral land  departments  of  the  Soviets  in  accordance  with  their 
character. 

ARTICLE  10.  The  surplus  lands  are  under  the  supervision,  in 
every  republic,  of  the  land  departments  of  the  main  and  Federal 
Soviets. 

ARTICLE  11.  The  land  departments  of  the  local  and  central 
Soviets  are  thus  entrusted  with  the  equitable  apportionment  of 
the  land  among  the  working  agricultural  population,  and  with 
the  productive  utilization  of  the  natural  resources.  They  also 
have  the  following  duties: 

(a)  Creating  favorable  conditions  for  the  development  of  the 
productive  forces  of  the  country  by  increasing  the  fertility  of 
the  land,  improving  agricultural  technique,  and,  finally,  raising 
the  standard   of   agricultural   knowledge   among   the   laboring 
population. 

(b)  Creating  a  surplus  fund  of  lands  of  agricultural  value. 

(c)  Developing   various   branches    of    agricultural    industry, 
such  as  gardening,  cattle-breeding,  dairying,  etc. 

(d)  Accelerating  the  transition  from   the  old  unproductive 
system  of  field  cultivation  to  the  new  productive  one    (under 
various  climates),  by  a  proper  distribution  of  the  laboring  popu- 
lation in  various  parts  of  the  country. 

(e)  Developing  collective  homesteads  in  agriculture  (in  pref- 
erence to  individual  homesteads)  as  the  most  profitable  system 
of  saving  labor  and  material,  with  a  view  to  passing  on  to 
Socialism. 


ARTICLE  12.  The  apportionment  of  land  among  the  laboring 
population  is  to  be  carried  on  on  the  basis  of  each  one's  ability 
to  till  it  and  in  accordance  with  local  conditions,  so  that  the 
production  and  consumption  standard  may  not  compel  some 
peasants  to  work  beyond  their  strength;  and  at  the  same  time 
it  should  give  them  sufficient  means  of  subsistence. 

ARTICLE  13.  Personal  labor  is  the  general  and  fundamental 
source  of  the  right  to  use  the  land  for  agricultural  purposes. 
In  addition,  the  organs  of  the  Soviet  power,  with  a  view  to 
raising  the  agricultural  standard  (by  organizing  model  farms 
or  experimental  fields),  are  permitted  to  borrow  from  the  sur- 
plus land  fund  (formerly  belonging  to  the  Crown,  monasteries, 
ministers,  or  landowners)  certain  plots  and  to  work  them  by 
labor  paid  by  the  state.  Such  labor  is  subject  to  the  general 
rules  of  workmen's  control. 

ARTICLE  14.  All  citizens  engaged  in  agricultural  work  are  to 
be  insured  at  the  expense  of  the  state  against  old  age,  sickness, 
or  injuries  which  incapacitate  them. 

ARTICLE  15.  All  incapacitated  agriculturists  and  the  mem- 
bers of  their  families  who  are  unable  to  work  are  to  be  cared 
for  by  the  organs  of  the  Soviet  power. 

ARTICLE  16.  Every  agricultural  homestead  is  to  be  insured 
against  fire,  epidemics  among  cattle,  poor  crops,  dry  weather, 
hail,  etc.,  by  means  of  mutual  Soviet  insurance. 

ARTICLE  17.  Surplus  profits,  obtained  on  account  of  the 
natural  fertility  of  the  land  or  on  account  of  its  location  near 
markets,  are  to  be  turned  over  for  the  benefit  of  social  needs 
to  the  organs  of  the  Soviet  power. 

ARTICLE  18.  The  trade  in  agricultural  machinery  and  in  seeds 
is  monopolized  by  the  organs  of  the  Soviet  power. 

ARTICLE  19.  The  grain  trade,  internal  as  well  as  export,  is 
to  be  a  state  monopoly. 

DIVISION  II. 

Who  Has  the  Right  to  Use  the  Land. 

ARTICLE  20.  Plots  of  land  may  be  used  in  the  Russian  Fed- 
erated Soviet  Republic  for  the  following  social  and  private 
needs: 

A.  Cultural  and  educational: 

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1.  The  state,  in  the  form  of  the  organs  of  the  Soviet  power 
(Federal,  regional,  provincial,  county,  and  rural). 

2.  Social  organizations  (under  the  control  and  by  permis- 
sion of  the  local  Soviets) . 

B.  For  agricultural  purposes : 

3.  Agricultural  communities. 

4.  Agricultural  associations. 

5.  Village  organizations. 

6.  Individuals  and  families. 

C.  For  construction  purposes: 

7.  By  the  organs  of  the  Soviet  power. 

8.  By  social  organizations,  individuals,  and  families    (if 
the  construction  is  not  a  means  of  obtaining  profits). 

9.  By  industrial,  commercial,  and  transportation  enter- 
prises (by  special  permission  and  under  the  control  of  the 
Soviet  power). 

D.  For  constructing  ways  of  communication: 

10.  By  organs  of  the   Soviet  power    (Federal,  regional, 
provincial,  county,  and  rural,  according  to  the  importance 
of  the  ways  of  communication). 

DIVISION  III. 

The  order  in  which  land  is  apportioned. 

ARTICLE  21.  Land  is  given  to  those  who  wish  to  work  it  them- 
selves for  the  benefit  of  the  community  and  not  for  personal 
advantage. 

ARTICLE  22.  The  following  is  the  order  in  which  land  is  given 
for  personal  agricultural  needs: 

1.  To  local  agriculturists  who  have  no  land  or  a  small 
amount  of  land,   and  to  local  agricultural  workers    (for- 
merly hired),  on  an  equal  basis. 

2.  Agricultural  emigrants  who  have  come  to  a  given  lo- 
cality after  the  issuance  of  the  decree  of  socialization  of 
the  land. 

3.  Non-agricultural  elements  in  the  order  of  their  regis- 
tration at  the  land  departments  of  the  local  Soviets. 

Note:  When  arranging  the  order  of  the  apportionment  of 
land,  preference  is  given  to  laboring  agricultural  associations 
over  individual  homesteads. 

ARTICLE  23.  For  the  purpose  of  gardening,  fishing,  cattle- 
breeding,  or  forestry,  land  is  given  on  the  following  basis : 

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(1)  land  which  cannot  be  tilled;  (2)  land  which  can  be  tilled, 
but  which  on  account  of  its  location  is  preferably  to  be  used  for 
other  agricultural  purposes. 

ARTICLE  24.  In  rural  districts,  land  is  used  for  construction 
purposes  in  accordance  with  the  decision  of  the  local  Soviets 
and  the  population. 

In  cities,  land  may  be  obtained  in  the  order  in  which  applica- 
tions are  filed  with  the  respective  local  Soviets,  if  the  construc- 
tion planned  does  not  threaten  to  harm  the  neighboring  build- 
ings and  if  it  answers  all  other  requirements  of  the  building 
regulations. 

Note:  For  the  purpose  of  erecting  social  buildings,  land  is 
given  regardless  of  the  order  in  which  applications  are  filed. 

DIVISION  IV. 

The  standard  of  agricultural  production  and  consumption. 

ARTICLE  25.  The  amount  of  land  given  to  individual  home- 
steads for  agricultural  purposes,  with  a  view  to  obtaining  means 
of  subsistence,  must  not  exceed  the  standard  of  agricultural  pro- 
duction and  consumption  as  determined  on  the  basis  indicated  in 
the  instruction  given  below. 

Instruction  for   determining   the   production  and   consumption 
standard  for  the  use  of  land  of  agricultural  value. 

1.  The  whole  of  agricultural  Russia  is  divided  into  as  many 
climatic  sections  as  there  are  field  cultivation  systems  histori- 
cally in  existence  at  the  given  agricultural  period. 

2.  For  every  agricultural  section  a  special  production  and  con- 
sumption standard  is  set.    Within  the  section  the  standard  may 
be  changed  in  accordance  with  the  climate  and  the  natural  fer- 
tility of  the  land,  also  in  accordance  with  its  location   (near  a 
market  or  railway)  and  other  conditions  which  are  of  great  local 
importance. 

3.  For  an  exact  determination  of  the  standard  of  each  section, 
it  is  necessary  to  take  an  all-Russian  agricultural  census  in  the 
near  future. 

Note:  After  the  socialization  of  the  land  has  been  accom- 
plished, it  is  necessary  to  survey  it  immediately  and  to  determine 
its  topography. 


4.  The  apportionment  of  land  on  the  production  and  consump- 
tion basis  among  the  agricultural  population  is  to  be  carried  on 
gradually  in  various  agricultural  sections,  according  to  regula- 
tions stated  herein. 

Note :  Until  the  socialization  of  land  is  entirely  accomplished, 
the  relations  of  agriculturists  will  be  regulated  by  the  land 
departments  of  the  Soviets  in  accordance  with  a  special  in- 
struction. 

5.  For  the  determination  of  the  production  and  consumption 
standard  of  a  given  climatic  section,  it  is  necessary  to  take  the 
standard    (an  average  agricultural  homestead)    of  one  of  the 
counties  of  that  section    (or  another  agricultural  standard  of 
equal  size)  with  a  small  population,  and  with  such  a  proportion 
of  various  agricultural  advantages,  as,  in  the  opinion,  of  the 
local  inhabitants   (regional  or  provincial  congress  of  the  land 
departments  of  the  Soviets)  will  be  recognized  as  the  most  nor- 
mal, i.  e.,  the  most  favorable  for  the  type  of  field  cultivation 
which  predominates  in  that  climatic  section. 

6.  For  the   determination  of  what   an   average   agricultural 
homestead,  it  is  necessary  to  take  into  consideration  only  those 
lands  which  were  actually  in  the  possession  of  working  peasants 
down  to  1917,  i.  e.,  lands  bought  by  peasant  organizations,  asso- 
ciations, individuals,  and  entailed  and  rented  lands. 

7.  Forests,  sub-surface  deposits,  and  waters  are  not  to  be  con- 
sidered in  this  determination. 

8.  Private  lands  which  were  never  used  for  agricultural  pur- 
poses, and  which  were  actually  in  the  possession  of  the  state, 
private  banks,  monasteries,  or  land  owners,  will  not  be  taken 
into  consideration  in  this  determination,  as  they  will  constitute 
the  surplus  land  fund  which  will  serve  to  supply  the  landless 
peasants  and  those  who  have  less  land  than  the  peasants'  produc- 
tion and  consumption  standard  calls  for. 

9.  For  determining  the  entire  amount  of  land  which  was  in 
actual  possession  of  the  working  peasants  down  to  the  revolu- 
tion of  1917,  it  is  necessary  to  determine  its  quantity  according 
to  its  special  character   (field,  pasture,  meadow,  drainage,  gar- 
dens, orchards,  estates). 

10.  This  determination  must  be  made  in  exact  figures,  as  well 
as  in  the  proportion  of  the  entire  quantity  to  each  individual 

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homestead,  settlement,  village,  county,  province,  or  region,  or 
the  entire  climatic  section  of  the  given  system  of  field  cultivation. 

11.  When  thus  determining  the  entire  quantity  of  land,  it  is 
necessary  to  determine  the  quality  of  each  acre  of  a  typical  field 
or  meadow  by  ascertaining  the  amount  (in  poods)   of  grain  or 
hay  yielded  by  an  acre  of  land  of  the  given  section  for  the  past 
ten  years. 

12.  When  determining  the  quantity  and  quality  of  land,  it  is 
necessary  to  determine  at  the  same  time  the  entire  population 
of  the  given  climatic  section  engaged  in  agriculture,  and  also 
that  part  of  the  population  which  subsists  at  the  expense  of 
agriculture. 

13.  The   census   of  the  inhabitants   engaged   in   agricultural 
work  is  to  be  taken  by  sex,  age,  and  family  for  each  homestead 
separately,  and  later  the  information  obtained  is  to  be  classi- 
fied by  villages,  counties,  and  provinces  of -the  given  section. 

14.  When  taking  the  census  of  the  population  it  is  necessary 
to  determine  the  number  of  workingmen  and  members  depend- 
ent on  them,  and  for  that  purpose  the  entire  population  is  divided 
into  the  following  classes  according  to  ages: 

Those  unable  to  work. 

Girls to  12  years  of  age. 

Boys to  12  years  of  age. 

Men from  60  years  of  age. 

Women from  50  years  of  age. 

Those  incapacitated  by  physical  or  mental  illness  are  recorded 
separately. 

{Those  able  to  work.] 

Men  from  18  to  60 — 1.0  unit  of  working  strength 

Women  from  18  to  50—0.8     "     "         "  " 

Boys  from  12  to  16— 0.5     "     " 

Girls  from  12  to  16— 0.5     "     " 

Boys  from  16  to  18— 0.75  "     "         "  " 

Girls  from  16  to  18— 0.6     "     " 

Note:  These  figures  may  be  changed  in  accordance  with 
climatic  and  customary  conditions  by  decision  of  the  appropriate 
organs  of  the  Soviet  power. 

15.  By  dividing  the  number  of  acres  by  the  number  of  work- 
ing units,  the  number  of  acres  to  each  unit  may  be  obtained. 

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16.  The  number  of  incapacitated  members  to  each  working 
unit  may  be  obtained  by  dividing  the  entire  incapacitated  ele- 
ment by  the  total  of  working  units. 

17.  It  is  also  necessary  to  describe  and  figure  out  the  number 
of  work  animals  and  cattle  that  can  be  fed  on  one  acre  of  land 
and  with  one  working  unit. 

18.  For  determining  what  an  average  landowning  peasant  is 
in  a  county,  it  is  necessary  to  ascertain  the  average  acre  in 
quality  and  fertility.     This  average  is  the  sum  of  crops  from 
various  soils  divided  by  the  number  of  the  soil  categories  [Para- 
graph 9?] 

19.  The  average  obtained  as  above  is  to  serve  as  a  basis  for 
determining  the.  production  and  consumption  standard  by  which 
all  the  homesteads  will  be  equalized  from  the  surplus  land  fund. 

Note:  In  case  the  average,  as  indicated  above,  obtained  after 
preliminary  calculations,  proves  insufficient  for  existence  (see 
Division  1,  Article  12),  it  may  be  increased  from  the  surplus 
land  fund. 

20.  For   determining  the   amount  of  land  needed  for  addi- 
tional distribution  among  peasants,  it  is  necessary  to  multiply 
the  number  of  acres  of  land  to  each  working  unit  in  a  county 
by  the  sum  of  agricultural  working  units  of  the  given  climatic 
section,  and  to  subtract  from  the  product  the  amount  of  land 
which  the  working  population  have  on  hand. 

21.  Further,  upon  ascertaining  the  number  of  acres  of  land 
(in  figures  and  percentage  according  to  character)   which  the 
surplus  land  fund  has,  and  comparing  this  figure  with  the  quan- 
tity of  land  necessary  for  additional  distribution  among  peasants 
who  have  not  sufficient  land,  the  following  is  to  be  determined: 
is  it  possible  to  confine  the  emigration  within  the  boundaries  of 
the  given  climatic  section?     If  so,  is  it  necessary  to  determine 
the  size  of  the  surplus  land  fund  and  its  capacity?    If  it  is  not 
possible  to  confine  it  within  the  given  climatic  section,  ascertain 
how  many  families  will  have  to  emigrate  to  another  section. 

Note:  The  main  land  departments  of  the  Soviet  power  must 
be  informed  of  the  quantity  of  surplus  land,  as  well  as  of  a  lack 
of  the  same;  and  the  location,  amount,  and  kind  of  unoccupied 
lands  must  be  indicated. 

22.  When  additional  distribution  takes  place,  it  is  necessary  to 
know  the  exact  amount  and  quality  of  land  which  the  peasants 

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have,  the  number  of  cattle  on  hand,  the  number  of  members  of 
the  families,  etc. 

23.  When  additional  distribution  takes  place  in  accordance 
with  the  production  and  consumption  standard,  this  standard 
must  be  raised  in  the  following  cases: 

(1)  When  the  working  strength  of  a  family  is  overtaxed  by 
the  number  of  incapacitated  members;  (2)  when  the  land  which 
the  family  has  on  hand  is  not  sufficiently  fertile;  (3)  in  accord- 
ance with  the  quality  of  such  land  of  the  surplus  fund  as  is 
given  to  the  peasant  (the  same  applies  to  meadows) . 

25.  When  an  additional  apportionment  of  land  takes  place 
and  the  given  district  lacks  certain  advantages,  the  peasant  gets 
a  certain  amount  of  land  possessing  other  advantages. 

DIVISION  V. 

Standard  for  the  Utilization  of  Land  for  Construction,  Agri- 
cultural, and  Educational  Purposes,  etc. 

ARTICLE  26.  When  land  is  apportioned  for  educational  and  in- 
dustrial purposes  and  also  for  the  erection  of  dwellings,  for 
cattle  breeding,  and  other  agricultural  needs  (with  the  exception 
of  field  cultivation),  the  quantity  of  land  to  be  apportioned 
shall  be  determined  by  the  local  Soviets  in  accordance  with  the 
needs  of  the  individuals  or  organizations  which  ask  permission 
to  use  the  land. 

DIVISION  VI. 

Emigration. 

ARTICLE  27.  In  case  the  surplus  land  fund  in  the  given  sec- 
tion proves  to  be  insufficient  for  additional  distribution  among 
peasants,  the  surplus  of  the  population  may  be  transferred  to 
another  section  where  there  is  sufficient  surplus  land. 

ARTICLE  28.  Transfer  from  one  section  to  another  is  to  take 
place  only  after  the  peasants  of  the  latter  section  are  all  dis- 
tributed. 

ARTICLE  29.  The  emigration  from  one  section  to  another,  as 
well  as  the  distribution  of  the  inhabitants  within  the  section, 
must  be  carried  on  as  follows:  at  first  those  who  are  furthest 
away  from  the  surplus  land  fund  are  to  emigrate,  so  that : 

(a)  the  land  of  the  surplus  fund  is  used  first  of  all  by  the 
peasants  of  that  village  or  hamlet  in  the  vicinity  of  which  the 
surplus  land  fund  lies. 

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Note:  If  there  are  several  such  villages,  preference  is  given 
to  those  that  tilled  the  land  before. 

(b)  the  second  place  is  given  to  the  peasants  of  the  Volost 
within  the  boundaries  of  which  the  surplus  land  lies. 

(c)  the  third  place  is  given  to  the  peasants  of  the  county 
within  the  boundaries  of  which  the  surplus  lands  lie. 

(d)  finally,  if  the  given  system  of  field  cultivation  covers 
several  provinces,  the  peasants  of  the  province  within  the  boun- 
daries of  which  the  surplus  land  lies  receive  additional  land. 

ARTICLE  30.  The  emigration  accordingly  runs  in  the  following 
order:  (a)  volunteers  are  the  first  to  emigrate;  (b)  second, 
those  organizations  which  suffer  most  from  lack  of  land;  (c) 
agricultural  associations,  communities,  large  families,  and  small 
families  which  have  small  amounts  of  land. 

ARTICLE  31.  The  apportionment  of  land  among  agriculturists 
who  have  to  emigrate  is  to  be  carried  on  as  follows :  in  the  first 
place,  small  families  suffering  from  lack  of  land;  second,  large 
families  suffering  from  lack  of  land;  third,  families  suffering 
from  lack  of  land;  fourth,  agricultural  associations,  and,  finally, 
communities. 

ARTICLE  32.  The  transfer  of  peasants  from  one  section  to 
another  is  to  be  done  with  consideration,  so  that  the  new  place 
shall  give  the  peasant  a  chance  to  cultivate  land  successfully 
and  the  climatic  conditions  shall  be  analogous  to  those  of  his 
previous  domicile.  In  that  case  it  is  necessary  to  take  into  con- 
sideration the  customs  and  nationality  of  the  emigrants. 

ARTICLE  33.  The  cost  of  transferring  peasants  to  new  places 
is  to  be  provided  by  the  state. 

ARTICLE  34.  In  connection  with  the  transfer,  the  state  is  to 
help  the  peasants  in  the  building  of  homes,  roads,  drains,  and 
wells,  in  obtaining  agricultural  machinery  and  artificial  ferti- 
lizers, by  creating  artificial  water  systems  (when  necessary) 
and  by  erecting  educational  centres. 

Note:  For  the  purpose  of  expediting  the  establishment  of 
agricultural  work  on  a  socialistic  basis,  the  state  offers  to  ex- 
tend to  the  emigrants  every  aid  necessary  for  a  systematic  and 
scientific  management  of  collective  homesteads. 

DIVISION  VII. 

Form  of  Utilization  of  Land. 

ARTICLE  35.  The  Russian  Federated  Soviet  Republic,  for  the 
purpose  'of  attaining  Socialism,  offers  to  extend  aid  (cultural 

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and  material)  to  the  general  tilling  of  land,  giving  preference 
to  the  communistic  and  cooperative  homesteads  over  individual 
ones. 

ARTICLE  36.  Lands  of  cooperative  and  individual  homesteads 
must,  if  possible,  be  in  the  same  location. 

DIVISION  VIII. 
Obtaining  Rights  to  the  Use  of  Land. 

ARTICLE  37.     Land  may  be  obtained: 

(a)  For  educational  purposes. 
1.  Social  usefulness. 

(b)  For  agricultural  purposes. 
1.  Personal  labor. 

(c)   For  building  purposes. 

1.  Social  buildings. 

2.  Dwellings. 

3.  The  necessity  of  conducting  a  working  homestead, 
(d)   For  the  purpose  of  constructing  ways  of  communication. 

1.  Public  necessity. 

DIVISION  IX. 
The  Order  in  Which  the  Right  to  Use  the  Land  May  be  Obtained. 

ARTICLE  38.  An  application  must  be  filed  with  the  land  de- 
partment of  the  Soviet  power  in  whose  jurisdiction  the  desired 
land  lies. 

ARTICLE  39.  The  application  shows  the  order  in  which  the  per- 
mission to  use  the  land  is  granted.  The  permission  is  granted 
on  the  basis  of  the  general  provisions  of  this  decree. 

Note:  The  application  should  contain  the  following  informa- 
tion, in  addition  to  the  full  name  and  address  of  the  person  who 
desires  to  use  the  land :  former  occupation,  the  purpose  for  which 
land  is  desired,  the  inventory  on  hand,  the  location  of  the  de- 
sired plot  and  its  size. 

Note:  If  the  land  department  of  the  Volostnoi  Soviet  refuses 
to  grant  the  permission  to  use  land,  the  question  may  be  brought 
(within  one  week)  to  the  notice  of  the  department  of  the  county 
Soviet;  if  the  county  Soviet  refuses,  it  may  be  presented  to  the 
land  department  of  the  provincial  Soviet  within  two  weeks. 

Note:  The  right  to  use  land  (sub-surface  deposits,  waters, 
forests,  and  fundamental  natural  resources)  cannot  be  obtained 
under  any  circumstances  through  purchase,  rental,  inheritance, 
or  any  other  private  transaction. 

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DIVISION  X. 

ARTICLE  40.  The  right  to  use  the  land  becomes  effective  in 
the  following  order: 

ARTICLE  41.  The  right  to  use  land  for  construction  purposes 
becomes  effective  upon  actual  occupation  of  the  plot  or  upon 
preparations  for  its  occupation,  but  not  later  than  three  months 
after  the  receipt  of  permission  from  the  local  Soviet. 

Note:  By  actual  preparations  is  meant  the  delivery  of  build- 
ing materials  to  the  place  of  destination  or  the  closing  of  a 
contract  with  workers. 

ARTICLE  42.  The  right  to  use  land  for  agricultural  purposes 
(on  the  basis  of  personal  labor)  becomes  effective  upon  begin- 
ning the  work  at  the  opening  of  the  next  agricultural  season. 

ARTICLE  43.  The  right  to  use  the  land  for  field  cultivation 
becomes  effective  upon  the  actual  beginning  of  field  work  (with- 
out hired  help)  at  the  opening  of  the  agricultural  season  next 
after  the  receipt  of  a  permit  from  the  local  Soviet. 

Note:  Buildings  may  be  erected  on  plots  of  land  that  may  be 
tilled  only  by  special  permission  of  the  land  department  of  the 
Soviet  Government. 

ARTICLE  44.  In  case  of  actual  inability  to  use  the  plot  in  the 
period  of  time  allowed  by  the  land  department,  the  latter  may 
extend  this  period  if  there  is  valid  cause,  i.  e.,  the  illness  of  the 
working  hands,  trouble  brought  about  by  epidemics,  etc. 


DIVISION  XL 

Transfer  of  Right  to  Use  Given  Plots  of  Land. 

ARTICLE  45.   The  right  to  use  the  land  is  not  transferable. 

ARTICLE  46.  The  right  to  use  land  may  be  obtained  by  anyone 
on  the  basis  of  this  decree,  and  it  cannot  be  transferred  from 
one  person  to  another. 

DIVISION  XII. 

Temporary  Cancellation  of  the  Right  to  Use  the  Land. 

ARTICLE  47.  Any  land-borrower's  right  to  use  the  plot  of  land 
may  be  stopped  for  a  certain  length  of  time,  without  cancelling 
it  entirely. 

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ARTICLE  48.  Any  land-borrower  may  cease  utilizing  the  land 
at  a  certain  time  and  still  have  the  right  to  it  (a)  if  natural 
calamities  (floods,  etc.)  deprive  him  of  the  possibility;  (b)  if 
the  agriculturist  is  temporarily  ill;  (c)  if  the  agriculturist  is 
called  to  do  some  government  duty;  or  for  other  cause  valid 
from  the  social  point  of  view. '  He  may  hold  it  until  such  time 
as  conditions  are  favorable  for  the  utilization  of  his  plot. 

Note:  The  period  of  such  temporary  cessation  is  to  be  deter- 
mined in  each  case  by  the  land  department  of  the  local  Soviet. 

ARTICLE  49.  Upon  every  temporary  cessation  of  the  use  of 
the  land  (as  indicated  in  Article  48),  the  local  Soviet  either 
organizes  community  help  to  the  agriculturist  or  calls  upon  the 
workers,  paid  by  the  state  and  subject  to  the  general  regulations 
of  workers'  control,  to  do  the  work  of  the  afflicted  agriculturist 
(temporary  incapacity,  death,  etc.),  so  as  to  save  his  property 
and  proceed  with  production. 

DIVISION  XIII. 

Cessation  of  the  Right  to  Use  the  Land. 

ARTICLE  50.  The  right  to  use  the  land  may  cease  for  an  entire 
agricultural  unit,  or  for  individual  members  of  the  same. 

ARTICLE  51.  The  right  of  the  given  individual  to  use  the  land 
may  cease  for  the  whole  plot  or  for  a  part  of  it. 

ARTICLE  52.  The  right  is  cancelled  (a)  if  the  organization, 
or  the  purpose  for  which  it  had  taken  land,  is  declared  void; 
(b)  if  units,  associations,  communities,  etc.,  disintegrate;  (c)  if 
the  individual  finds  it  impossible  to  cultivate  the  field  or  do 
other  agricultural  work,  and  if  at  the  same  time  the  individual 
has  other  means  of  subsistence  (for  instance,  a  pension  paid  to 
the  incapacitated) ;  (d)  upon  the  death  of  the  individual,  or 
when  his  civil  rights  are  cancelled  by  the  court. 

ARTICLE  53.   The  right  to  use  a  plot  of  land  ceases: 

(a)  in  case  of  a  formal  refusal  to  use  the  plot; 

(b)  in  case  of  obvious  unwillingness  to  use  the  plot,  although 
no  formal  refusal  has  been  filed; 

(c)  in  case  the  land  is  used  for  illegal  purposes  (e.  g.,  throw- 
ing garbage) ; 

(d)  in  case  the  land  is  exploited  by  illegal  means  (e.  g.,  hiring 
land  secretly) ; 

15 


(e)  in  case  the  use  of  the  land  by  a  given  individual  brings 
injury  to  his  neighbor  (e.  g.,  manufacture  of  chemicals). 

Note:  The  land-borrower,  upon  cessation  of  his  right  to  the 
use  of  the  land,  has  the  right  to  demand  from  the  respective 
land  departments  of  the  Soviets  a  fee  for  the  unused  improve- 
ments and  labor  invested  in  the  land,  if  the  given  plot  did  not 
bring  him  sufficient  profit. 

Chairman  of  the  All-Russian  Central  Executive  Committee : 

Sverdloff. 
Members  of  the  Executive  Body: 

Spiridonova,  Mouranoff,  Zinoveiff,  Oustinoff ,  Kamkoff, 

Lander,    Skouloff,    Volodarsky,    Peterson,   Natanson- 
k  ^Bobroff. 
Secretaries  of  the  Central  Executive  Committees: 

Avanessoff,  Smoliansky. 
Chairman  of  the  Soviet  of  People's  Commissaries: 

V.  Oulianoff  (Lenin). 
People's  Commissar  of  Agriculture: 

A.  Kolegueff. 


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YB  62786' 


392623 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 

UNIVEEfex 


